Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 41.40

  (1)   If a body to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then:

  (a)   unless paragraph   (b) applies--the unspent amount is taken to be granted to the body under this Part   in respect of the next following year; or

  (b)   if the * Secretary specifies an amount (not greater than the unspent amount) in relation to the body and the original grant in a determination under subsection   (1A)--the specified amount is taken to be granted to the body under this Part   in respect of the next following year.

  (1A)   The * Secretary may, in writing, make a determination for the purposes of paragraph   (1)(b) specifying an amount in relation to a body and a grant.

  (2)   The amount taken to be granted under subsection   (1) is taken to be granted for the same purpose as the original grant.

  (3)   The grant taken to be made under subsection   (1) is taken to be made:

  (a)   under the same conditions as the conditions of the original grant--except the grant is taken to be made in respect of the next following year; or

  (b)   under such other conditions as are determined by the * Secretary.

  (4)   Subsection   (1) does not apply to a body in relation to a grant if the * Secretary specifies the body in relation to the grant in a determination under subsection   (5).

  (5)   The * Secretary may, in writing, make a determination for the purposes of subsection   (4) specifying a body in relation to a grant.

  (6)   A determination under subsection   (1A) or (5) is not a legislative instrument.